Research On The Protection Of The Rights Of Peasants During The Transformation Period In China

Since the reform and opening up in China, the peasants have contributed a lot to economic construction. However, there still remains great room for improvement in current protection of their rights. Protection of their cultural, economic and political rights has been far from enough. They are at the bottom of the society as a vulnerable group.With the use of survey research, documentary research, inductive research, interdisciplinary research and other methods, the paper discusses, from the perspective of sociology, psychology, management science, and other points of view, how to establish and perfect protection system of the peasants' rights during urbanization process, and proposes some specific practices and countermeasures in safeguarding the peasants' rights.The paper expounds protection of the peasants' rights during the transitional period in five chapters.Chapter1expounds the basic concept of social transformation and rights protection, expatiates the characteristics of economic and social transition, and the historical generative mechanism. In addition, starting from basic concepts like rights and civil rights, the paper analyzes the historic and epochal characters of rights, as well as basis of civil rights. What's more, in combination with social-transition background, the paper points out the urgency and importance to safeguard the peasants' rights from the perspective of social transition's impact on protection of legally-endowed rights of the peasants.Chapter2focuses on current status in rights protection of the peasants during the social transitional period and causes of the infringement to the peasants' rights. During the transitional period, challenges facing China mainly come from polarization between the rich and the poor, urban-rural gap, social injustice, class antagonism, conflict of interest and other factors in the process of modernization and urbanization. Because rural economy falls far behind urban development, agriculture is becoming increasingly vulnerable and infringement to the peasants' rights is on the constant rise, their economic, political and cultural rights have not been fully safeguarded. For one thing, the infringement to the peasants' rights results from the relatively low organizational degree of the peasants, unable to safeguard their own legitimate interests; for another, the unsound guarantee system makes it impossible to fully embody the rights of the peasants, which is also an important institutional reason for infringement to the peasants' rights. And meanwhile, dislocation of local governmental functions and the pursuit of maximized economic benefit are also to be blame for infringement to the peasants' rights.Combined with practical work, Chapter3makes a special analysis of educational security, medical insurance, endowment insurance, employment rights and other issues related to the peasants and survival insurance of the landless peasants. In addition, it attempts to make concrete analysis on infringement of the peasants'rights, elaborates the employment restrictions, wage protection and health care of migrant workers, entrepreneurship of stay-at-home peasants, and education of children left behind.Chapter4is the key component of the paper. It focuses on the research on selection of path to protect the peasants' rights. From the perspective of economy, society, and other aspects, it proposes the following concrete measures and ideas to safeguard the peasants' rights:Firstly, because land properties are the most crucial to peasants' rights and interests, reforms should be made on the existing land requisition system to make a revolution on the poor performance, unsuitability, hysteretic nature and other issues during practice, so as to effectively safeguard the peasants' rights and interests during the land-oriented local economic development process, and enable the peasants to take a reasonable piece from the revenue pies. Secondly, a reform should be carried out on household registration system, by means of reasonable planning, voluntary and compensation oriented practices, prudent carrying forward of practices and all-round supporting, to break the dual social structure. This will be beneficial to safeguarding the legitimate rights and interests of migrant workers, activate urban and rural resources, and boost circulation of various factors between the rural and the urban. Thirdly, efforts should be made to perfect urban and rural medical care, educational, pension and other social security systems, concentrate on organic combination between employment and entrepreneurship of farmers, construct urban-rural integration employment management service system, expand employment and entrepreneurship space of the peasants, give supports to self-employment and hometown-based business of peasants, improve employment environment for the peasants, innovate methods on employment and entrepreneurship support, and innovate the villager autonomy platform.Chapter5points out that issues in the following six fields should be handled properly in order to further protect the peasants' rights:what it should be and what it is in fact, power and rights, top-level design and advancing cautiously, learning from foreign experience and highlighting of Chinese characteristics, balance between rights and obligation, balance and coordination of various protection measures of rights.